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The defendant shall be innocent.
Reasons
1. The summary of the facts charged in the instant case and the victim B (the age of 34) were married on October 27, 2013, and they were married to the legal marital relationship, and a divorce lawsuit was filed around January 2018 (hereinafter “instant divorce lawsuit”). A. There is a space between the parties in the instant lawsuit and the victim B (the age of 34).
Around 03:00 on November 27, 2017, the Defendant committed an indecent act by force against the victim, such as inducing him/her to enter a divorce issue with the victim who is his/her spouse at the time in Ulsan-gu C apartment D, Ulsan-gu, Seoul-gu, Seoul-gu, and forced him/her to commit an indecent act.
B. On November 27, 2017, the Defendant, around 08:30 on November 27, 2017, committed an indecent act by force against the victim by attracting the victim in the same way as the above mentioned.
2. Defendant’s assertion and legal doctrine
A. The defendant asserts that the defendant did not commit an indecent act against the victim, and even if there was the same act as the facts charged, the victim does not have to commit an indecent act by force because the victim was a legal wife.
B. (1) The finding of guilt in a criminal trial ought to be based on evidence of probative value, which makes it possible for a judge to have a reasonable doubt that the facts charged are true, to the extent that there is no reasonable doubt, and if there is no such proof, the conviction cannot be determined even if there is a suspicion of guilt against the defendant.
(2) Whether violence or intimidation against the husband's wife in the crime of rape constitutes the degree of making it impossible or considerably difficult to resist the victim's resistance. Under the premise that the State's intervention in the sexual life between the husband and the wife should be restricted to the maximum extent from the perspective of maintaining the family, the contents and degree of such violence or intimidation essentially infringes upon the wife's sexual self-determination right, and the husband's tangible power.